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<br />200704249 <br /> <br />same upon unpaid interest, principal, taxes or insurance premium:3 <br />or for maintenance and preservation of the premises. <br /> <br />I. The waiver by TRUSTEE or BENEFICIARY of any default of TRUSTOR <br />under this Deed of Trust, on one occasion, shall not be or b(~ <br />deemed to be a waiver of any other or similar defaults subsequently <br />occurring. <br /> <br />J. If title to any part of the property herein shall be taken in <br />condemnation proceedings, by right of eminent domain, or similar <br />action, or shall be sold under threat of condemnation, all awards, <br />damages and proceeds are hereby assigned and shall be paid to the <br />BENEFICIARY, who shall apply such payment, or any part thereof, in <br />its sole discretion, to the sum due at that time on this Deed of <br />Trust and Trust Deed Note, with any balance above the amount due <br />hereunder payable to the TRUSTOR. <br /> <br />K. The BENEFICIARY, its agents or representatives, are hereby <br />authorized to enter, at any reasonable time, upon any part of the <br />trust property for the purposes of inspecting the same and for the <br />purpose of performing any of the acts it is authorized to perform <br />under the terms of this Deed of Trust and other accompanyinq <br />documents. <br /> <br />L. This Deed of Trust and all accompanying documents are subject to, <br />constructed and governed by the laws of the State of Nebraska fo,c <br />all purposes. <br /> <br />M. In the event anyone or more of the provisions contained in thi:s <br />Deed of Trust, Trust Deed Note, or any other instrument given in <br />connection with this transaction, shall for any reason be held to <br />be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall, at the option of <br />the BENEFICIARY, not affect any other provisions of this Deed of <br />Trust or Trust Deed Note, but this Deed of Trust and Trust Deed <br />Note shall be construed as if such invalid, illegal or <br />unenforceable provision had never been contained therein, it bein~,r <br />the intention of the parties that the provisions of this Deed of <br />Trust are declared to be severable. <br /> <br />N. TRUSTOR hereby waives her right to designate the property subject <br />to this Deed of Trust as a homestead under Neb. Rev. Stat. ~40-101 <br />(Reissue 1993) . <br /> <br />O. <br /> <br />This Deed of Trust shall <br /> <br />personal representatives, <br />hereto. <br /> <br />inure to and bind the heirs, devisees, <br />successors and assigns of the partie::; <br /> <br />The TRUSTOR requests that a copy of any Notice of Default and of any <br />Notice of Sale hereunder be mailed to her at the address herein set forth, or <br />such other address as she may provide to the TRUSTEE and BENEFICIARY. TRUSTOR <br />acknowledges that as TRUSTOR, she understands that the document she is <br />executing herein is a Deed of Trust and not a mortgage, and that the power of <br />sale provided for in this Deed of Trust provides substantially different right,l <br />and obligations than a mortgage and in an event of default or breach of the <br />obligations set forth herein, the TRUSTEE and the BENEFICIARY may take such <br />action as herein provided, including the exercise of the power of sale. <br /> <br />EXECUTED the date first above written. <br /> <br />~~.~ <br />LIND D. STEWART <br /> <br />STATE OF NEBRASKA <br /> <br />ss: <br /> <br />COUNTY OF HALL <br /> <br />NOW ON THIS~ay of May, 2007, personally appeared before me, the <br /> <br />-4- <br />